Bill Text: NY A00538 | 2023-2024 | General Assembly | Amended


Bill Title: Requires electric companies to provide alternative measures to ensure customers with documented need for essential electricity for medical needs have access to electricity during power outages; requires electric companies to provide generators or lodging for such individuals and transportation for medical devices.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-03-04 - print number 538a [A00538 Detail]

Download: New_York-2023-A00538-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         538--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of A. SAYEGH, DICKENS, SEAWRIGHT, DeSTEFANO, THIELE,
          SANTABARBARA, TAGUE, DURSO, LEMONDES, SHIMSKY -- Multi-Sponsored by --
          M. of A. MILLER -- read once and referred to the Committee  on  Corpo-
          rations,  Authorities  and Commissions -- recommitted to the Committee
          on Corporations, Authorities and Commissions in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the public service law and the public authorities law,
          in relation to requiring electric  companies  to  provide  alternative
          measures  to  ensure  customers  are able to maintain their health and
          well-being during power outages

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   Subparagraph (iii) of paragraph (a) of subdivision 21 of
     2  section 66 of the public service law, as separately amended by  chapters
     3  395  and  743 of the laws of 2022 and chapter 38 of the laws of 2023, is
     4  amended to read as follows:
     5    (iii) identification of and outreach plans to customers who had  docu-
     6  mented  their  need  for  essential electricity for medical needs, which
     7  shall include but not be limited to, apnea monitors for infants, cuirass
     8  respirators, hemodialysis machines,  IV  feeding  machines,  IV  medical
     9  infusion  machines, oxygen concentrators, positive pressure respirators,
    10  respirator/ventilators, rocking bed respirators, suction  machines,  and
    11  tank  type  respirators.  Such  outreach  plans shall include provisions
    12  regarding how such customers will be provided with alternative  measures
    13  to  ensure  their  health  and  well-being if power cannot adequately be
    14  provided. Such provisions shall include providing electric generators or
    15  lodging for the individual  requiring  such  essential  electricity  for
    16  medical  needs and shall also include transportation of medical devices,
    17  as needed. Such provisions shall also specify that any cost incurred  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01666-04-4

        A. 538--A                           2

     1  an  electric company in providing such alternative measures shall not be
     2  borne by rate payers;
     3    §  2.  Paragraph 1 of subdivision (cc) of section 1020-f of the public
     4  authorities law, as separately amended by chapter 395  of  the  laws  of
     5  2022 and chapter 38 of the laws of 2023, is amended to read as follows:
     6    1.  The  service  provider  shall, in consultation with the authority,
     7  prepare and maintain an  emergency  response  plan  (i)  to  assure  the
     8  reasonably  prompt  restoration  of  service in the case of an emergency
     9  event, defined for purposes of this subdivision as an event where  wide-
    10  spread outages have occurred in the authority's service territory due to
    11  a  storm  or  other  causes  beyond the control of the authority and the
    12  service provider, (ii) consistent with the requirements of paragraph (a)
    13  of subdivision twenty-one of section sixty-six of the public service law
    14  and any regulations and orders adopted thereto, and  (iii)  establishing
    15  the  separate  responsibilities  of  the authority and service provider.
    16  Such emergency response plan shall include plans setting forth  how  the
    17  communication and coordination of efforts between the authority, service
    18  provider,  authority  employees,  service  provider employees, authority
    19  company crews, service provider company crews, mutual aid  crews,  other
    20  utilities,  local  governments  and any service provider or other entity
    21  performing services to assist the authority shall occur.  Such emergency
    22  response plan shall include identification of  and  outreach  plans  for
    23  customers  who  have documented their need for essential electricity for
    24  medical needs, which shall include but not be limited to, apnea monitors
    25  for infants, cuirass  respirators,  hemodialysis  machines,  intravenous
    26  feeding  machines, intravenous medical infusion machines, oxygen concen-
    27  trators, positive pressure respirators, respirators/ventilators, rocking
    28  bed respirators, suction  machines,  and  tank  type  respirators.  Such
    29  outreach  plans  shall  also  include provisions regarding how customers
    30  will be provided with alternative measures to ensure  their  health  and
    31  well-being if power cannot adequately be provided. Such provisions shall
    32  include  providing  electric  generators  or  lodging for any individual
    33  requiring essential electricity for medical needs and shall also include
    34  transportation of medical devices, as needed.
    35    § 3. This act shall take effect immediately.
feedback